In March 2020, the world as we know it changed for everyone. The Scottish legal system was not immune from the effects felt by the rest of the world. Courts immediately closed to all but essential business, hearings were cancelled and cases were put on indefinite hold. Yet legal problems did not go away. Solicitors required to advise clients that their cases could not proceed in court and no estimation could be given as to when that may be possible. Parties who had spent years waiting for a resolution to their case had to wait even longer. Something required to be done to remedy the problem, and fast.
We are now seven months on and Scottish justice is back up and running. Through the considerable effort of various stakeholders, almost all aspects of the Scottish Courts system are running relatively smoothly. Hearings are largely taking place by telephone and video conference where that is possible. If a hearing requires to take place in person, courts across the country are now able to accommodate this. While other sectors remain working from home and in limbo as to what’s next, the courts have developed a system which allows business to be better managed – until the end of the pandemic and beyond.
It is largely acknowledged that a lot of the innovative practices adopted over the past few months may well continue even when restrictions are no longer in place. To what extent remote hearings will replace in-person hearings remains unknown – but a simple glance at “legal twitter” indicates that the suggestion of remote hearings continuing for any longer than absolutely necessary is clearly a contentious issue amongst some legal professionals.
Court is essential travel
With the West of Scotland now under strict tier 4 regulations and travel restrictions imposed, the Scottish Courts and Tribunals Service (SCTS) has issued confirmation that travel to tier 3 and 4 areas is permitted if taking part in court proceedings. Parties, witnesses, jurors and legal practitioners are therefore able to continue to attend court should they be required to do so.
Participating in court proceedings can, at present, take three forms:
- Hearings by telephone
Civil hearings related to procedural matters have been, and continue to take place, by telephone. In some courts, parties are able to join the hearing by dialling in, so they are able to listen to what is being said. In others, the telephone hearings are restricted to legal representatives only.
- Hearings by video conference
Many civil hearings are now taking place via WebEx, the video conferencing platform adopted by SCTS. WebEx is available on all internet-enabled devices and can be used on a computer, tablet or mobile phone. It allows the court to see and hear parties from whatever location they choose. Participants for the hearing are provided with a link by the clerk of court to allow them to take part in the conduct of the hearing on video. Links can also be provided to attendees, to allow individuals to observe the hearing without the court being able to see or hear them.
- Hearings in person
Where necessary, hearings are now safely taking place in person across almost all sheriff courts and also in the Court of Session. Government guidance is closely followed. An electronic signing-in system is in place to assist with the Test and Protect program. Masks must be worn in all communal areas but can be removed once persons are seated within the court room. Social distancing is observed and seating is appropriately spaced out. Larger courtrooms are being used to allow seating to extend to the public gallery. Members of the public are not yet able to observe proceedings so public seating can currently be used to ensure space between those who require to be present. Hand sanitiser is available for use. Persons attending court to give evidence will usually be told of the specific time and date they are to attend, to avoid numerous witnesses turning up at the same time. If required, some participants or witnesses may be able to attend court using video conferencing facilities if travel to court is not possible, but this must be planned in advance.
The introduction of remote hearings has not been without issues and there have been many occasions where the technology has slowed or even halted proceedings. In addition, not everyone requiring to attend court will have the same internet facilities and technology capabilities – the lingo of Zoom and WebEx might be painfully familiar for some but a foreign language to others! The team at Johnson Legal is here to guide you through the court process every step of the way, so if you’re unsure about anything please call us on 0131 622 8477,
On the whole, the use of technology has allowed the justice system to continue to run as normally as possible in these challenging times. Some of the changes imposed as a result of these circumstances may well have taken years to develop if considered in pre-Covid times.
2020 has been an opportunity for the legal sector in Scotland to adapt, but it is not yet known which changes will remain permanent.
